Last Updated: December 14th, 2018
Welcome to Tail.ai (“ Tail.ai ”) website ( www.tail.ai ) (the “ Site ”). Please read these Terms of Service (the “ Terms ”) carefully because they govern your access to and use of the Tail.ai websites and Tail.ai services, and other products and services we may later own or operate (collectively called the “ Services ”).
By using the Services, you are agreeing to these Terms on behalf of yourself as an individual user, or on behalf of the organization you represent (“ customer ”, “ you ”). If you do not agree to these Terms, do not use Tail.ai Services. If you are accessing and using the Services on behalf of an organization (such as your employer), you are agreeing to these Terms on behalf of that organization, and represent and warrant that you have the authority to agree to these terms on the organization's behalf. In that case, “ you ” and “ your ” will refer to that organization.
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site (only the Terms currently visible on our website are up to date and valid at the time) or through other communications. If you continue to use the Services, you are indicating that you agree to the modified Terms. We may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
You may use the Services only if you are 13 years or older.
In order to use the Services, you must create an account (“ Account ”) and become a registered user (“ User ”) via the Site or through a third-party service such as Facebook. In the latter case, personal information you provided to that third party, such as your name, email address and other information your privacy settings on that service allow us to access, will be used to create your Tail.ai account. You have to provide us with accurate and complete information and keep it up-to-date. You are responsible for safeguarding your Services credentials. You are responsible for all activities that occur on your Account, whether or not you authorized that activity. You should notify us immediately of any unauthorized use of your Account at email@example.com.
The Services offer a unique way to build and manage a conversational agent (“ Chatbot ”) based on structured data (“ Catalog ”) via a do-it-yourself administrative interface (“ Admin Interface ”). The resulting Chatbot automatically converses with your end users through the deployment channels of your choice (“ End User ”), enabling them to find the right product or service for their needs and therefore increase your business. The Services is composed of various features (“ Features ”) to manage and improve your Chatbot. On Account creation, and subject to Section 5 (when applicable), we will grant to you the right to access and use the Services, and any related Features, subject to your compliance with the Terms.
You will not collect through your Chatbot automatic conversations any personal data from your End Users, nor use personal data of any person (including yours) to train your bot, or otherwise use, process or transmit to the Service any personal data of a person. We are not responsible of the collected data once your Chatbot is not active anymore (for example when the conversation has been handovered to an operator or to a third party service). Personal data means any data of a person that is protected under law, such as the General Data Protection Regulation of the European Union.
The creator of a Chatbot is its owner (“ Owner ”). The Owner is responsible for the compliance of these Terms for his/her chatbots, payment of the Subscription Fee (as defined in Section 5), and all matters related to their Chatbots. The Owner can share his/her Chatbot with chosen individual collaborators (“ Collaborators ”) to help manage their Chatbot. The Owner can add two types of Collaborators: Administrators (“ Admin ”) and contributors. Only the Owner and Admins can manage sharing rights. You cannot change the Owner of a Chatbot by yourself, please email us at firstname.lastname@example.org to do so. Any Collaborator that is given editing permissions can modify the chatbot, as permitted by the functionalities of the Services. By adding Collaborators to your Chatbot, you are hereby authorizing us to share your Chatbot edition access. You acknowledge sole responsibility for and assume all risk arising from sharing your Chatbots with other individuals. You understand that anyone that has access to your Chatbots access all their information, can extract data, modify the chatbots and publish changes your End User will be affected by. If you create a Chatbot, you hereby grant Tail.ai the rights and licenses necessary to make your Chatbot available to you, your Collaborators, and the End User through the deployment channels of your choice.
By default, Chatbots are not accessible to the Tail.ai support service team (“ Support team ”). Owner and Admins can provide this team access to their Chatbot to support them by clicking the “Allow Tail.ai support to access and help me manage my bot” checkbox in the Chatbot setting of their choice. This action will give all Tail.ai support team members the administrator privilege on these chatbots. This access can be revoked anytime by unchecking the same checkbox. While support team has access to the Chatbot, the Owner remains responsible for the shared Chatbot and its compliance with these terms.
Tail.ai has developed and provides access to API that may be used to access the Services in accordance with any instructions and documentation provided by Tail.ai (" Documentation "). You may only use the API in accordance with the Documentation or otherwise communicated to you by us. Due to the nature of the Services, we will update the API from time to time.
Subject to these Terms, the Services are provided to you for free up to certain limits and with limited Features (“ Free plan ”). Usage over these limits or access to certain Features requires you to purchase a subscription (“ Subscription ”). The Subscription features and limits are only applied to the chatbot(s) you own. Your and your Collaborators’ rights and obligations will be based on the type of Subscription you choose. Subscription fee is divided in two types:
When you purchase a Subscription (such purchase, a “ Transaction ”) you expressly authorize us (or our third party payment processor) to charge you for such Transaction. You acknowledge that certain Credit Cards may charge you foreign transaction fees or other charges. We may ask you to supply additional information relevant to your Transaction, for example, your credit-card number, the expiration date of your credit card, and your address(es) for billing (such information, “ Payment Information ”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to our third party service providers so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).
If you purchase a Subscription you will be charged, at the end of each Subscription Period:
Any late payments shall be subject to a service charge equal to 1.5% per month of the amount due or the maximum amount allowed by law, whichever is less (plus the costs of collection). If any fees you owe us (excluding amounts disputed reasonably and in good faith) are thirty (30) days or more overdue, we may, without limiting our other rights and remedies, cancel or downgrade your Subscription until those amounts are paid in full, at our sole discretion, at any time and upon simple notice.
Upgrading your subscription will be effective immediately. A pro-rata bill (for the upgraded Subscription) will be generated based on number of remaining days in the existing billing cycle. All subsequent bills will be generated based on the upgraded Subscription amount.
Downgrading your subscription will be effective immediately. A pro-rata bill (for the downgraded Subscription) will be generated based on number of remaining days in the existing billing cycle. All subsequent bills will be generated based on the downgraded Subscription amount. You can initiate a downgrade or a cancellation through your Account settings within the Services. You will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then current Subscription period. Cancelling your Subscription won’t cancel your Account. See Section 13 (Termination) below for information on terminating your Account. When cancelling or if you stop paying the Subscription Fee, your account will be downgraded to Free Plan Subscription immediately with associated messages number and features limits. When downgrading your account will be immediatly downgraded to the selected Subscription with associated messages number and features limits. In both cases,
For purposes of these Terms: (i) “Content” means data, text, graphics, designs, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; and (ii) “User Content” means any Content that Users (including you) provide to be made available through the Services, including without limitation any Catalog, data, texts, images, illustration, imported or created by a User (other than the Services and any other Content that we provide to you) as well as modifications a User makes to another User’s Chatbot. Content includes without limitation User Content.
As between you and Tail.ai, you own your User Content - Tail.ai does not claim any ownership rights in any User Content that you make available through the Services and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, Tail.ai and its licensors exclusively own all right, title and interest in and to the Services and Content, including all associated intellectual property rights. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content, nor any use of your User Content by Tail.ai or any other users on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
By making any User Content available through our Services you hereby grant to Tail.ai a limited, non-exclusive, worldwide, royalty-free, transferable license to access, view, use, copy, modify, publicly display, publicly perform and distribute your User Content to the extent reasonably needed to operate and provide the Services to you. You understand and agree that you share your User Content (whether your own Chatbot or your modifications and improvements to another user’s Chatbot) through the Services at your own risk. Tail.ai is not responsible for any ownership or licensing arrangements between you and other Collaborators regarding User Content shared within a Chatbot. In sharing your Chatbot, with other Collaborators, it’s your responsibility to spell out the rights that your Collaborators have in connection with their access to and use of your Chatbots and User Content. Any disputes regarding ownership or licensing of a Chatbot or modifications thereto that have been shared amongst your Collaborators are between you and your Collaborators. We are not responsible for resolving any intellectual property or ownership disputes between you and anyone else that has access to your Chatbots and/or other User Content, so you should exercise good judgment when deciding whether or not to share your Chatbots and/or User Content with other Collaborators.
You can remove certain User Content through the Services. However, some of your User Content (including, without limitation to, contribution to other Users Chatbots) may not be removed and copies of your User Content may continue to exist on the Services in archive or backup form. However, we may remove or delete your User Content within a reasonable period of time after the termination or cancellation of your Account in accordance with Section 13 (Termination). We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
We welcome feedback, comments and suggestions for improvements to the Services (“ Feedback ”) by emailing us at email@example.com . As we need to be able to freely work with your Feedback to improve the Services, you hereby irrevocably transfer and assign all right, title and interest (including all intellectual property rights, such as copyrights or trade secrets) in and to the Feedback, including any and all “moral rights” that you might have in such Feedback, and you hereby forever waive and agree never to assert any and all “moral rights” you may have in the Feedback.
You agree not to do any of the following:
Tail.ai respects copyright law and expects its users to do the same. It is Tail.ai’s policy to terminate in appropriate circumstances Users who repeatedly infringe the rights of copyright holders.
The Services contains links to third-party websites or resources and offers integration with such third-party websites or services (for example, we offer Chatbot integration with Facebook Messenger). We provide these links and integration features only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such sites. You acknowledge sole responsibility for, and assume all risk arising from, your use of or integration with any third-party websites or resources.
You agree that Tail.ai may identify you or your company and use your company’s logo and trademarks (collectively, the “Marks”) on the Site and in marketing materials to identify you or your company as a user of the Services, and you hereby grant us a non-exclusive, royalty-free license to do so on our Site or in any media now or later developed in connection with any marketing, promotion or advertising of Tail.ai or the Services. If you do not want to allow us the right to use your Marks or identify you or your company you may opt out such marketing requests by emailing us at firstname.lastname@example.org .
THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis, nevertheless we will do our best to have your chatbots up and running 24/7. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
You will indemnify and hold harmless Tail.ai and its officers, directors, employees and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Services or Content; (ii) your User Content; or (iii) your violation of these Terms.
If you are located outside the US or Canada: IRRESPECTIVE OF THE LEGAL REASONS, WE SHALL ONLY BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT IF SUCH DAMAGE (i) CAN BE CLAIMED UNDER APPLICABLE PRODUCT LIABILITY STATUTES OR (ii) IS CAUSED BY INTENTIONAL MISCONDUCT OF TAIL.AI OR (iii) CONSISTS OF PERSONAL INJURY. IN ALL OTHER CASES, NEITHER TAIL.AI NOR ITS EMPLOYEES, AGENTS AND SUBCONTRACTORS SHALL BE LIABLE FOR ANY KIND OF DAMAGE OR CLAIMS HEREUNDER. If you are located in the US or Canada: NEITHER TAIL.AI NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES, OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL OR OTHER SUPPORT SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TAIL.AI HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. IN NO EVENT WILL TAIL.AI ’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, ANY DISPUTE IN RELATION TO INTELLECTUAL PROPERTY RIGHTS IN A CHATBOT OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO TAIL.AI FOR USE OF THE SERVICES FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION, OR IF YOU HAVE NOT PAID ANY SUCH AMOUNTS, ONE HUNDRED UNITED STATES DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TAIL.AI AND YOU.
These Terms of Service are ruled by the French law. In case of a dispute arising out of the Services, by using the Services you expressly agree that any such dispute shall be litigated by the Tribunal de Grande Instance de Paris, without regard to its conflict of law provisions.
If you have any questions about these Terms or the Services please contact Tail.ai at: email@example.com , 18 rue du Moulin Vert, 75014 Paris, France.